Monday, June 13, 2011

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I fail to see why these cases you are referring to are any worse off than many others.

I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.

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sbmallik

10-19 10:13 AM

Answers below: 1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine. 2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code. 3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint. 4. Not heard about that.

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brb2

11-03 07:02 AM

Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.

.... one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov

i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.

i may be too naive but nevertheless why miss the opportunity to spread the word around...

Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations

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payur

07-14 03:35 PM

what do they mean with "USCIS expects to provide in time-compliance for receipting of form types listed below:" and then lists the date 7/18/07 for I-485 in Nebraska Service Centre.

I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.

Is yours EB2?

Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.

Hi Friends, I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.

May be its my wild hope... still..

If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?

Thanks, Immi_Chant

I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.

I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

1) Is there any precautions that i should take while re-filing?

2) Will USCIS accept the app or should they make me wait for my PD?

Thanks,

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a1b2c3

09-05 03:26 PM

Folks,

To celebrate or not to celebrate is the question. I received this email from my attorney's office:

Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.

However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?

Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.

I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p

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05-30 02:22 PM

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nixstor

07-09 08:04 PM

I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.

forgerator

06-08 09:27 AM

Hi Bhatt,

thank you! :) I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected. I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now. Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?

you should get a lawyer man. Friend of mine paid $3500 for a good lawyer to process the paperwork when he won the GC lottery, he got all the peace of mind in the world, and his GC soon thereafter.

LostInGCProcess

06-12 06:02 PM

No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees. 1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

Note: "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

Good luck.

GCCovet

They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

And its signed by both parties of NEW and OLD company.

Is this letter sufficient for me to hang on to? Should I ask for EVL too?

I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.